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Internal self-determination (ISD) empowers communities to shape their destiny within a state, transforming tension into opportunity. By actively engaging citizens in decision-making, governments can tailor policies to meet unique cultural and economic needs, quelling discontent and building trust. This dynamic process channels energy into reform and inclusion, ensuring every voice is heard and valued. As grievances are addressed, loyalty to the state strengthens and the appeal of secession fades. Ultimately, internal self-determination fosters unity, invigorates national pride, and creates a resilient, inclusive society that prevents fragmentation and secures lasting peace. Recognizing that self-determination extends beyond its traditional external form to include internal practices offers a viable solution for preserving its contemporary legal relevance and advancing human rights.
Dr iur. Sava Janković, is a Honorary Fellow at Durham Law School, University of Durham and was an Assistant Professor at the Institute of Law Studies, Polish Academy of Sciences (2021–2023).
AcknowledgmentsList of Abbreviations1 Introduction1 Significance of the Topic2 Originality and the State of Art in Legal Scholarship3 Methodology4 Chapters Outline2 The Right of a People to Self-Determination1 The Meaning, Importance and Problems of the Right to Self-Determination2 History of the Right to Self-Determination2.1 Self-Determination before wwii2.2 United Nations Era3 Two Main Aspects of the Right to Self-Determination3.1 External Self-Determination3.2 Internal Self-Determination4 The Position of the Right to Self-Determination in International Law4.1 Erga Omnes Character4.2 Jus Cogens5 Content5.1 Entitlements Contained in External Self-Determination5.2 Entitlements Contained in Internal Self-Determination6 Addressees6.1 Rightsholders of External Self-Determination6.2 Rightsholders of Internal Self-Determination7 Self-Determination as Both a Collective and an Individual Right3 The Right to Secession in International Law1 Motives for Secession1.1 Economic Reasons for Secession1.2 Legal-Political Reasons for Secession1.3 Socio-Cultural Reasons for Secession2 Secession: Notions, Position in International Law, and Theoretical Perspectives2.1 Definitional Attempts2.2 Secession and the Right to Self-Determination2.3 Theories of Secession (Introductory Remarks)3 Threefold Understanding of the Relationship between International Law and Secession3.1 Secession as a Legally Irrelevant Fact: a Critical Analysis of the General Claim3.2 Secession is Prohibited: International and Domestic Practice3.3 Secession is Permitted (Remedial Theory and Moral Justifications)4 In Lieu of a Firm Conclusion: Reflections on Divided International Legal Perspectives on Secession in the 21st Century4 Internal Self-Determination as a Method of Preventing Secession in International Law: Theoretical Approach1 General Observations (Hypothesis)2 Various Meanings of Internal Self-Determination2.1 isd as a Free Will and Non-Intervention2.2 isd as Inclusiveness and Non-Discrimination2.3 isd as Self-Government and Territorial Autonomy2.4 isd as a Conglomerate of Human Rights3 Internal Self-Determination as a Secession Prevention Method3.1 Orthodox and Qualified Counter-Secession Visions of ISD4 Secession Prevention Tools of ISD4.1 Democratic Governance4.2 Federalism4.3 Autonomism5 Internal Self-Determination and other Legal Means of Secession Prevention5.1 Territorial Integrity5.2 Uti Possidetis Juris5.3 Non-Intervention, Non-Use of Force and Non-Domination5.4 Domestic Law6 Non-legal Methods of Secession Prevention6.1 Demobilization (Generally)6.2 Internal and External Engagement7 Challenges in Utilizing ISD as a Tool to Prevent Secession7.1 The Neutrality of Secession Paradigm in International Law7.2 Threshold for Disallowing Secession and Competent Authority7.3 The Universality of the Rule7.4 Applicability in Existing v. Aspiring States: Exploring Incommensurability7.5 In Contradiction with Liberal Democracy?8 The Added Value of Internal Self-Determination8.1 Stability of Borders and Conflict Avoidance8.2 Protection and Advancement of Human Rights9 Opinion of Commentators5 Internal Self-Determination as a Method Preventing Secession in International Law: State and Institutional Practice1 Prolegomenon2 State Practice2.1 Travaux Préparatoires: Friendly Relations Declaration2.2 Debates in the United Nations General Assembly Third Committee (Social, Humanitarian & Cultural Issues)2.3 Reports to the Human Rights Committee2.4 Submissions in the icj’s Kosovo Case2.5 The Liechtenstein Initiative on Self-Determination2.6 National Legislature2.7 Domestic Judicial Practice3 International Organizations Practice3.1 The United Nations3.2 Regional Organizations Approach4 Internal Self-Determination as Customary International Law?5 Towards the Definition of ISD’s Content: What Does a State Need to Do?6 Internal Self-Determination in European States1 Preface2 Internal Self-Determination in Federal European States2.1 Belgium (Flanders, Wallonia and Brussels)2.2 Germany (Bavaria)3 Internal Self-Determination in Unitary European States3.1 Finland3.2 Three Levels of Governance4 Internal Self-Determination in Former European States4.1 The Historical Case of Yugoslav Federalism and Its Implications Today7 ConclusionsIndex
